CLEARFIELD – On Tuesday Clearfield County President Judge Fredric J. Ammerman heard a motion from a convicted murderer to dismiss her sentence.
In 1998 Kimberly Jo Dotts was murdered. One of the people charged for her murder, Jessica Holtmeyer, was 16 at the time and was sentenced to life without parole for her role in the hanging death of Kimberly Jo Dotts.
As the basis for her motion, Holtmeyer referenced Graham vs. Florid, in which the US Supreme Court decided that juvenile offendors cannot be sentenced to life without parole in non-homicide cases.
First Assistant District Attorney Trudie Lumadue argued that Holtmeyer’s conviction was for a homicide, and so her argument was moot.
“She doesn’t fit Graham vs. Florida,” said Lumadue.
Defense attorney Pat Lavelle noted that a Pennsylvnia higher court is considering a case regarding life without parole for homicide cases.
“This petition is based on Graham,” said Ammerman. “Graham clearly doesn’t apply.”
Ammerman stated that if the case in Pennsylvania was decided favorably upon, then Holtmeyer would give her a case to take action based upon.
Ultimately, Ammerman dismissed the motion.